Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings indicated in this section.
(a) "Owner." For purposes of this chapter, owner means any person, in whose name the property is titled and any person, agent, servicing company, firm, third party, financial institution or bank that has an interest in the property as a result of an assignment, sale, mortgage, transfer of a mortgage, or similar instrument or having an agreement with any one of the above for the purpose of securing and/or managing the property.
(b) "Secured by other than normal means." A building secured by means other than those used in the design of the building.
(c) "Unoccupied." Any property, building or structure, or any part thereof, where no person actually and lawfully resides, or where no lawful activity is being operated.
(d) “Lawful Activity”. The current use of the structure is also that which the structure was built for or intended to be used for, or, the owner of the structure has applied for and received a zoning certificate allowing a change in use, and the structure is in compliance with applicable building, zoning and fire codes.
(e) “Abandoned”. A building which is unoccupied and:
(1) Holds a mortgage status of abandonment (i.e. deceased or foreclosed); or
(2) Unoccupied and has taxes in arrears for a period of time exceeding 365 days.
(f) "Unsecured." A building or portion of a building which is open to entry by unauthorized persons without the use of tools or ladders.
(g) "Vacant Building." A commercial, industrial, or residential detached building; or a semi-detached building with ownership separated by a common wall which is unoccupied for a period of time exceeding ninety (90) consecutive days (excluding government-owned buildings) and one or more of the following:
(1) Unoccupied and unsecured; or
(2) Unoccupied and secured by other than normal means; or
(3) Unoccupied and an unsafe building as determined by the Planning and Zoning Department, County Building Department or Fire Inspector; or
(4) Unoccupied and having utilities disconnected; or
(5) Unoccupied and has housing, property maintenance, fire code or building code violations; or
(6) Illegally occupied, which shall include loitering and vagrancy; or
(7) Unoccupied and has one or more broken or boarded windows; or
(8) Unoccupied and abandoned by the property owner; or
(9) Used for other than a permitted use in the zoning district in which the property is located, unless the property owner has provided documentation of a legal nonconforming use.
(h) "Evidence of Vacancy." Any condition that on its own or combined with other conditions present would lead a reasonable person to believe the property is vacant. Such conditions include, but are not limited to: significantly below standard utility usage, overgrown and/or dead vegetation, accumulation of newspapers, circulars, flyers and/or mail, accumulation of trash, junk, and/or debris, broken or boarded up windows, abandoned vehicles, auto parts or materials, the absence of window coverings, such as curtains, blinds, and/or shutters, the absence of furnishings and/or personal items consistent with habitation or occupation, statement(s) by governmental employee(s) that the property is vacant.
(Ord. 39-23. Passed 4-10-23.)